0000950123-10-099532 Sample Contracts

FLAGSTAR BANCORP, INC. 110,000,000 Shares of Common Stock ($0.01 par value per share) 13,500,000 Shares of Mandatorily Convertible Non-Cumulative Perpetual Preferred Stock Series D ($0.01 par value per share) UNDERWRITING AGREEMENT
Underwriting Agreement • November 2nd, 2010 • Flagstar Bancorp Inc • Savings institution, federally chartered • New York

The illustrative ratios below assume the completion, as of September 30, 2010, of (i) the offering of Common Stock (assuming no exercise of the underwriter’s over-allotment option), after deducting underwriter’s discounts and commissions and estimated offering expenses, (ii) the offering of Convertible Preferred Stock (assuming no exercise of the underwriter’s over-allotment option), after deducting underwriter’s discounts and commissions and estimated

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